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Well, just because they've filed for a patent, doesn't mean that it will be granted. SNORT HAHAHAHA... ok, sorry. But seriously, even if a patent has been app

Well, just because they've filed for a patent, doesn't mean that it will be granted. SNORT HAHAHAHA... ok, sorry. But seriously, even if a patent has been applied for, does that automatically mean everyone else has to stop using it? I don't think that's how it works just based on how easily a process like that could be abused. In reality they should have a few years before it becomes a legit patent right? A lot of things can change in that amount of time.

jccooper 13y ago
Not a lawyer, but based on the following resources, one can say... http://www.uspto.gov/patents/resources/general_info_concerning_patents.jsp#heading-29 http://www.uspto.gov/patents/resources/general_info_concerni... A patent generally does not protect until it has been issued. However: http://www.irmi.com/expert/articles/2006/warren01.aspx http://www.irmi.com/expert/articles/2006/warren01.aspx 35 U.S.C. § 154(d) provides "provisional patent rights", namely a "reasonable royalty" after the patent is published (usually 12-18 mos after application) but before it is issued (from 1-30? years). But you do have to have "actual notice" that you are infringing to be infringing, which probably means a notice from the patent applier. (Though if they can prove you watched a YouTube video demonstrating the patent and which said it was patent pending, that'd probably work too.) So: someone can notify you that you're infringing on a patent in progress, and you have to guess whether or not it will get granted and in what form. Though the answer is unlikely to be "denied", it's quite possible for the claims to mutate tremendously. If you keep going and it gets granted, you've a lawsuit on your hands with liability from date of notice, not date of grant. Fun! Feel free then, to infringe on any patent that has been described by the applicant but not yet been published by the USPTO. After that, you've got until they catch you (though that's a dangerous game: you're only a friendly jury away from trouble, as the law on "notice" seems not entirely settled.) What a great system, eh?
- pbhjpbhj 13y ago
  I've just scanned your post, it appears largely correct. However you're generally allowed to use the teaching of a patent for personal - non-commercial - use, for research and such. Though in US law it seems non-commercial/experimental isn't a complete mitigation as it is elsewhere.

jccooper 13y ago

Not a lawyer, but based on the following resources, one can say... http://www.uspto.gov/patents/resources/general_info_concerning_patents.jsp#heading-29 http://www.uspto.gov/patents/resources/general_info_concerni... A patent generally does not protect until it has been issued. However: http://www.irmi.com/expert/articles/2006/warren01.aspx http://www.irmi.com/expert/articles/2006/warren01.aspx 35 U.S.C. § 154(d) provides "provisional patent rights", namely a "reasonable royalty" after the patent is published (usually 12-18 mos after application) but before it is issued (from 1-30? years). But you do have to have "actual notice" that you are infringing to be infringing, which probably means a notice from the patent applier. (Though if they can prove you watched a YouTube video demonstrating the patent and which said it was patent pending, that'd probably work too.) So: someone can notify you that you're infringing on a patent in progress, and you have to guess whether or not it will get granted and in what form. Though the answer is unlikely to be "denied", it's quite possible for the claims to mutate tremendously. If you keep going and it gets granted, you've a lawsuit on your hands with liability from date of notice, not date of grant. Fun! Feel free then, to infringe on any patent that has been described by the applicant but not yet been published by the USPTO. After that, you've got until they catch you (though that's a dangerous game: you're only a friendly jury away from trouble, as the law on "notice" seems not entirely settled.) What a great system, eh?

pbhjpbhj 13y ago
I've just scanned your post, it appears largely correct. However you're generally allowed to use the teaching of a patent for personal - non-commercial - use, for research and such. Though in US law it seems non-commercial/experimental isn't a complete mitigation as it is elsewhere.